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Antonio M. Serrano vs. Gallant Maritime Services, Inc. [CONCURRING OPINION, BRION, J.]

ANTONIO M. SERRANO, Petitioner, vs Gallant MARITIME SERVICES, INC. and MARLOW NAVIGATION CO., INC., Respondents.

G.R. No. 167614 | 2009-03-24

CONCURRING OPINION

BRION, J.:

I concur with the ponencia's conclusion that Section 10 of Republic Act No. 8042, or the Migrant Workers and Overseas Filipinos Act (R.A. No. 8042), is unconstitutional insofar as it provides that -

In case of termination of overseas employment without just, valid or authorized cause as defined by law or contract, the worker shall be entitled to the full reimbursement of his placement fee with interest at twelve percent (12%) per annum, plus his salaries for the unexpired portion of his employment contract or for three (3) months for every year of the unexpired term, whichever is less.

My conclusion, however,...